KONSEP MASHLAHAH PERSPEKTIF MUHAMMAD SA’ÎD RAMADHÂN AL-BÛTHÎ

Maimun Nawawi (Dosen tetap Jurusan Tarbiyah STAIN Pamekasan, Jl. Raya Panglegur Km. 04 Pamekasan)

Al-Ihkam: Jurnal Hukum dan Pranata Sosial
Vol. 5 No. 1 (2010)

Mashlahah is often made identically with benefit. It hasplaced in one of fields in Islamic law study, especially inushûl al-fiqh. It has a role in determining a debatable lawconclusion. It is also as essence of maqâshid al-syarî’ah thatis needed in every law consideration. The problem ishow to determine a law illah that has mashlahah, and whohas a role in determining and assessing mashlahah, onlyGod (syari’) or mukallafkah, if mukallaf has a right, how farit has its power to determine a mashlahah in certain lawcontext. This writing will give its description.